Court No. - 43
Case :- CRIMINAL MISC. WRIT PETITION No. - 20739 of 2019 Petitioner :- Sompal And 4 Others Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Virendra Singh Tomar,Dhirendra Kumar Srivastava Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Virendra Singh Tomar, learned counsel for the petitioners and the learned A.G.A.
This writ petition has been filed, seeking a writ of mandamus, directing the respondent concerned, not to arrest the petitioners, with a further prayer for quashing the impugned FIR dated 25.6.2019, registered as Case Crime no. 283 of 2019, under Sections 447 IPC and Section 3/2 of Prevention of Damage to Public Property Act, P.S. Hasanpur, District- Amroha.
It is submitted by learned counsel for the petitioners that the impugned FIR was not preceded by any statutory notice, as contemplated under Section 441 IPC (Amended by the State).
Learned AGA has opposed the submission on the premise that Section 3/2 of the Prevention of Damages to Public Property Act is also alleged against the petitioners.
The correctness of the allegations would have to be tested on the basis of the materials collected during the course of investigation as by insertion of notification No.1058/79-V-1-19-1 (Ka)-20-2018 dated 6th June 2019, an alternate remedy is available to the petitioners to seek for an anticipatory bail.
We deem it appropriate to dismiss this petition without prejudice to the right of the petitioners to apply for anticipatory bail.
The writ petition is dismissed.
It is made clear that we have not adjudicated the contentions raised which are left open for the petitioners to raise at an appropriate stage in an appropriate proceeding, in accordance with law.
Order Date :- 27.9.2019 N.S.Rathour